Hungary: Parliament reforms legal capacity laws

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Sunday, 27 September 2009 16:01

Hungary: Parliament reforms legal capacity laws
Budapest, 22 September 2009. Members of the Hungarian Parliament voted for a new Civil Code.
In doing so they ensured that Hungary becomes the first country in the world to reform its legal
capacity legalisation in the line with its obligations under the UN Convention on the Rights of
Persons with Disabilities (CRPD).

Hungary's old Civil Code was the piece of legislation which regulated a range of civil law issues.

In the area of disability it allowed for the total deprivation

or partial restriction of a person's legal capacity and their placement under guardianship. There

were no alternatives to guardianship for people who required assistance to make legally-binding

choices in their lives. Approximately 80,000 adults in Hungary are under guardianship, two thirds

of whom are legal prohibited from making any legally relevant decisions. Under full guardianship

people were denied the right to a range of civil and political rights such as the light to decide where

to live, which meant that the majority of people in long-term residential institutions were placed

there by their guardians, irrespective of the adult's wishes. The right to marry and found a family,

as well as the right to manage one's own property, to work and to vote were also compromised.

The new Civil Code changes this legislative landscape. Highlights of the new legislation include:

A legislative ban on plenary guardianship.

The provision of a new form of partial guardianship: partial in terms of specific areas of decision-

making, and partial in terms of decisions needing to be made jointly between the adult and the

guardian.

Supported decision-making, which is an alternative to guardianship. Supported decision-making

means that the adult's legal capacity remains intact. It enables a network of supporters to assist

the adult in making their own decisions, thereby enhancing their selfdetermination.Advance directives,

whereby adults can plan for their future when cognitive difficulties may disable them to make

decisions without assistance.

All of the above measures are available to persons who need assistance because of their mental

condition, intellectual capabilities or addiction.

This legislative reform marks significant progress towards Hungary's compliance with international

human rights law, notably the CRPD, which is legally binding

upon Hungary. MDAC has been working for the past two years in a coalition with other nongovernmental

organisations. The coalition has advocated intensively for guardianship reform and the introduction of

alternatives, reminding the government of its obligations under the CRPD to include the involvement of

persons with disabilities in legislative and policy reform. The coalition welcomes the legislative process

leading to the adoption of the Civil Code that has realized the principle of "Nothing about us without us".

More information

For interviews please contact Gábor Gombos, MDAC Senior Advocacy Officer,

tel. +361 413 2730,

This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

www.mdac.info

The English text of the relevant parts of the Civil Code can be downloaded from MDAC's website as

soon as we have ensured an accurate translation.

Last Updated on Thursday, 03 December 2009 00:38